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Public Act 92-0773
HB4948 Enrolled LRB9213001DHgcA
AN ACT in relation to vehicles.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Vehicle Code is amended by
changing Section 5-401.2 as follows:
(625 ILCS 5/5-401.2) (from Ch. 95 1/2, par. 5-401.2)
Sec. 5-401.2. Licensees required to keep records and
make inspections.
(a) Every person licensed or required to be licensed
under Section 5-101, 5-101.1, 5-102, 5-301 or 5-302 of this
Code, shall, with the exception of scrap processors, maintain
for 3 years, in a form as the Secretary of State may by rule
or regulation prescribe, at his established place of
business, additional place of business, or principal place of
business if licensed under Section 5-302, the following
records relating to the acquisition or disposition of
vehicles and their essential parts possessed in this State,
brought into this State from another state, territory or
country, or sold or transferred to another person in this
State or in another state, territory, or country.
(1) The following records pertaining to new or used
vehicles shall be kept:
(A) the year, make, model, style and color of
the vehicle;
(B) the vehicle's manufacturer's
identification number or, if applicable, the
Secretary of State or Illinois Department of State
Police identification number;
(C) the date of acquisition of the vehicle;
(D) the name and address of the person from
whom the vehicle was acquired and, if that person is
a dealer, the Illinois or out-of-state dealer
license number of such person;
(E) the signature of the person making the
inspection of a used vehicle as required under
subsection (d) of this Section, if applicable;
(F) the purchase price of the vehicle, if
applicable;
(G) the date of the disposition of the
vehicle;
(H) the name and address of the person to whom
any vehicle was disposed, and if that person is a
dealer, the Illinois or out-of-State dealer's
license number of that dealer;
(I) the uniform invoice number reflecting the
disposition of the vehicle, if applicable; and
(J) The sale price of the vehicle, if
applicable.
(2) (A) The following records pertaining to used
essential parts other than quarter panels and
transmissions of vehicles of the first division shall be
kept:
(i) the year, make, model, color and type of
such part;
(ii) the vehicle's manufacturer's
identification number, derivative number, or, if
applicable, the Secretary of State or Illinois
Department of State Police identification number of
such part;
(iii) the date of the acquisition of each
part;
(iv) the name and address of the person from
whom the part was acquired and, if that person is a
dealer, the Illinois or out-of-state dealer license
number of such person; if the essential part being
acquired is from a person other than a dealer, the
licensee shall verify and record that person's
identity by recording the identification numbers
from at least two sources of identification, one of
which shall be a drivers license or State
identification card;
(v) the uniform invoice number or out-of-state
bill of sale number reflecting the acquisition of
such part;
(vi) the stock number assigned to the
essential part by the licensee, if applicable;
(vii) the date of the disposition of such
part;
(viii) the name and address of the person to
whom such part was disposed of and, if that person
is a dealer, the Illinois or out-of-state dealer
license number of that person;
(ix) the uniform invoice number reflecting the
disposition of such part.
(B) Inspections of all essential parts shall be
conducted in accordance with Section 5-402.1.
(C) A separate entry containing all of the
information required to be recorded in subparagraph (A)
of paragraph (2) of subsection (a) of this Section shall
be made for each separate essential part. Separate
entries shall be made regardless of whether the part was
a large purchase acquisition. In addition, a separate
entry shall be made for each part acquired for immediate
sale or transfer, or for placement into the overall
inventory or stock to be disposed of at a later time, or
for use on a vehicle to be materially altered by the
licensee, or acquired for any other purpose or reason.
Failure to make a separate entry for each essential part
acquired or disposed of, or a failure to record any of
the specific information required to be recorded
concerning the acquisition or disposition of each
essential part as set forth in subparagraph (A) of
paragraph (2) of subsection (a) shall constitute a
failure to keep records.
(D) The vehicle's manufacturer's identification
number or Secretary of State or Illinois Department of
State Police identification number for the essential part
shall be ascertained and recorded even if such part is
acquired from a person or dealer located in a State,
territory, or country which does not require that such
information be recorded. If the vehicle's manufacturer's
identification number or Secretary of State or Illinois
Department of State Police identification number for an
essential part cannot be obtained, that part shall not be
acquired by the licensee or any of his agents or
employees. If such part or parts were physically acquired
by the licensee or any of his agents or employees while
the licensee or agent or employee was outside this State,
that licensee or agent or employee was outside the State,
that licensee, agent or employee shall not bring such
essential part into this State or cause it to be brought
into this State. The acquisition or disposition of an
essential part by a licensee without the recording of the
vehicle identification number or Secretary of State
identification number for such part or the transportation
into the State by the licensee or his agent or employee
of such part or parts shall constitute a failure to keep
records.
(E) The records of essential parts required to be
kept by this Section shall apply to all hulks, chassis,
frames or cowls, regardless of the age of those essential
parts. The records required to be kept by this Section
for essential parts other than hulks, chassis, frames or
cowls, shall apply only to those essential parts which
are 6 model years of age or newer. In determining the
model year of such an essential part it may be presumed
that the identification number of the vehicle from which
the essential part came or the identification number
affixed to the essential part itself acquired by the
licensee denotes the model year of that essential part.
This presumption, however, shall not apply if the gross
appearance of the essential part does not correspond to
the year, make or model of either the identification
number of the vehicle from which the essential part is
alleged to have come or the identification number which
is affixed to the essential part itself. To determine
whether an essential part is 6 years of age or newer
within this paragraph, the model year of the essential
part shall be subtracted from the calendar year in which
the essential part is acquired or disposed of by the
licensee. If the remainder is 6 or less, the record of
the acquisition or disposition of that essential part
shall be kept as required by this Section.
(F) The requirements of paragraph (2) of subsection
(a) of this Section shall not apply to the disposition of
an essential part other than a cowl which has been
damaged or altered to a state in which it can no longer
be returned to a usable condition and which is being sold
or transferred to a scrap processor or for delivery to a
scrap processor.
(3) the following records for vehicles on which junking
certificates are obtained shall be kept:
(A) the year, make, model, style and color of the
vehicle;
(B) the vehicle's manufacturer's identification
number or, if applicable, the Secretary of State or
Illinois Department of State Police identification
number;
(C) the date the vehicle was acquired;
(D) the name and address of the person from whom
the vehicle was acquired and, if that person is a dealer,
the Illinois or out-of-state dealer license number of
that person;
(E) the certificate of title number or salvage
certificate number for the vehicle, if applicable;
(F) the junking certificate number obtained by the
licensee; this entry shall be recorded at the close of
business of the fifth second business day after receiving
the junking certificate;
(G) the name and address of the person to whom the
junking certificate has been assigned, if applicable, and
if that person is a dealer, the Illinois or out-of-state
dealer license number of that dealer;
(H) if the vehicle or any part of the vehicle is
dismantled for its parts to be disposed of in any way, or
if such parts are to be used by the licensee to
materially alter a vehicle, those essential parts shall
be recorded in the record book for essential parts and
the entries required by paragraph (2) of subsection (a)
shall be made.
(4) The following records for rebuilt vehicles shall be
kept:
(A) the year, make, model, style and color of the
vehicle;
(B) the vehicle's manufacturer's identification
number of the vehicle or, if applicable, the Secretary of
State or Illinois Department of State Police
identification number;
(C) the date the vehicle was acquired;
(D) the name and address of the person from whom
the vehicle was acquired, and if that person is a dealer,
the Illinois or out-of-state dealer license number of
that person;
(E) the salvage certificate number for the vehicle;
(F) the newly issued certificate of title number
for the vehicle;
(G) the date of disposition of the vehicle;
(H) the name and address of the person to whom the
vehicle was disposed, and if a dealer, the Illinois or
out-of-state dealer license number of that dealer;
(I) The sale price of the vehicle.
(a-1) A person licensed or required to be licensed under
Section 5-101 or Section 5-102 of this Code who issues
temporary registration permits as permitted by this Code and
by rule must electronically file the registration with the
Secretary and must maintain records of the registration in
the manner prescribed by the Secretary.
(b) A failure to make separate entries for each vehicle
acquired, disposed of, or assigned, or a failure to record
any of the specific information required to be recorded
concerning the acquisition or disposition of each vehicle as
set forth in paragraphs (1), (3) and (4) of subsection (a)
shall constitute a failure to keep records.
(c) All entries relating to the acquisition of a vehicle
or essential part required by subsection (a) of this Section
shall be recorded no later than the close of business on the
seventh calendar day following such acquisition. All entries
relating to the disposition of a vehicle or an essential part
shall be made at the time of such disposition. If the
vehicle or essential part was disposed of on the same day as
its acquisition or the day thereafter, the entries relating
to the acquisition of the vehicle or essential part shall be
made at the time of the disposition of the vehicle or
essential part. Failure to make the entries required in or at
the times prescribed by this subsection following the
acquisition or disposition of such vehicle or essential part
shall constitute a failure to keep records.
(d) Every person licensed or required to be licensed
shall, before accepting delivery of a used vehicle, inspect
the vehicle to determine whether the manufacturer's public
vehicle identification number has been defaced, destroyed,
falsified, removed, altered, or tampered with in any way. If
the person making the inspection determines that the
manufacturer's public vehicle identification number has been
altered, removed, defaced, destroyed, falsified or tampered
with he shall not acquire that vehicle but instead shall
promptly notify law enforcement authorities of his finding.
(e) The information required to be kept in subsection
(a) of this Section shall be kept in a manner prescribed by
rule or regulation of the Secretary of State.
(f) Every person licensed or required to be licensed
shall have in his possession a separate certificate of title,
salvage certificate, junking certificate, certificate of
purchase, uniform invoice, out-of-state bill of sale or other
acceptable documentary evidence of his right to the
possession of every vehicle or essential part.
(g) Every person licensed or required to be licensed as
a transporter under Section 5-201 shall maintain for 3 years,
in such form as the Secretary of State may by rule or
regulation prescribe, at his principal place of business a
record of every vehicle transported by him, including numbers
of or other marks of identification thereof, the names and
addresses of persons from whom and to whom the vehicle was
delivered and the dates of delivery.
(h) No later than 15 days prior to going out of
business, selling the business, or transferring the ownership
of the business, the licensee shall notify the Secretary of
State that he is going out of business or that he is
transferring the ownership of the business. Failure to notify
under this paragraph shall constitute a failure to keep
records.
(i) (Blank) Any person who knowingly fails to keep the
records required by this Section or who knowingly violates
this Section shall be guilty of a Class 2 felony. Each
violation shall constitute a separate and distinct offense
and a separate count may be brought in the same indictment or
information for each vehicle or each essential part of a
vehicle for which a record was not kept as required by this
Section.
(j) A person who knowingly fails to comply with the
provisions of this Section or knowingly fails to obey,
observe, or comply with any order of the Secretary or any law
enforcement agency issued in accordance with this Section is
guilty of a Class B misdemeanor for the first violation and a
Class A misdemeanor for the second and subsequent violations.
Each violation constitutes a separate and distinct offense
and a separate count may be brought in the same indictment or
information for each vehicle or each essential part of a
vehicle for which a record was not kept as required by this
Section.
(k) Any person convicted of failing to keep the records
required by this Section with intent to conceal the identity
or origin of a vehicle or its essential parts or with intent
to defraud the public in the transfer or sale of vehicles or
their essential parts is guilty of a Class 2 felony. Each
violation constitutes a separate and distinct offense and a
separate count may be brought in the same indictment or
information for each vehicle or essential part of a vehicle
for which a record was not kept as required by this Section.
(l) A person may not be criminally charged with or
convicted of both a knowing failure to comply with this
Section and a knowing failure to comply with any order, if
both offenses involve the same record keeping violation.
(m) The Secretary shall adopt rules necessary for
implementation of this Section, which may include the
imposition of administrative fines.
(Source: P.A. 91-415, eff. 1-1-00.)
Section 99. Effective date. This Act takes effect upon
becoming law.
Passed in the General Assembly May 29, 2002.
Approved August 06, 2002.
Effective August 06, 2002.
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